Saturday, March 1, 2008

Blanket Peddlers

EDITOR’S NOTE: Industry Vista is a weekly column that provides officials from different industry sectors an opportunity to share their views on issues affecting their Northern Nevada companies. Today’s column is by Joaquin Rafael Roces with the Nevada Indian Commission.

I am a commissioner with the Nevada Indian Commission under Gov. Kenny Guinn.

I also have been a criminal prosecutor and court advocate for several Northern Nevada tribes during the past five years. These include the colony in Reno, the Paiute tribes in Pyramid Lake and Walker River, and the Fallon Paiute-Shoshone Tribe. During the five years I have worked for the tribes I have handled more than 500 cases, from simple traffic citations to child sexual assaults and vehicular homicides.

I have worked closely with the U.S. Attorney’s office in joint prosecutions of serious crimes under the Major Crimes Act and have been a working member of the Washoe County Domestic Violence Fatality Review Team, the Washoe County Domestic Violence Task Force and the Nevada Attorney General’s Full Faith and Credit Team.

US Constitution recognizes three types of sovereignty: federal, tribal and state. Tribal sovereignty can be found in the census clause first, then in the commerce clause.

In the census clause it reads that the census is not to include “Indians not taxed” in its census count, as the U.S. government acknowledged that it had no authority to tax Indians as they were recognized as separate foreign states.

Within the commerce clause, the U.S. Constitution mentions trade with three separate sovereignties: “States,” “Foreign Nations,” and “Indian Tribes.” In fact, in its beginning the U.S. government dealt with the tribes as foreign sovereign powers and negotiated treaties with various tribes from commerce to mutual defense against hostile European colonial aggression.

After 1812, that U.S. policy with the tribes changed from “international policy” to a “domestic policy.” When Public Law 280 was first passed, it transferred federal jurisdiction over the tribes to the states.

Six states were made mandatory PL 280 states and the balance was voluntary. Nevada is a voluntary PL 280 state. Williams v. Lee in 1959 gave jurisdiction to tribal courts regarding civil on-reservation disputes between Indian and non-Indian.

This was further upheld by the Indian Civil Rights Act of 1968, at which time PL 280 was amended to include tribal consensus prior to transfer of jurisdiction from the feds to the state.

Nevada state law also upholds tribal sovereignty as well, including NRS 233A.120 and NRS 233A.130.

Further, NRS 370.0751 which governs the imposition of an excise tax on cigarettes by governing body of Indian reservation or colony, already gives the tribe the authority to impose and collect such a tax.

Although there is a distinct difference between an excise tax and a sales tax, current taxes collected under 370.0751 and future sales taxes collected from the Mercedes dealership would go to the governing body, whether it be the Reno Sparks Indian Colony or the state of California.

Therein lies the true reason for all this furor and controversy: it is not taxation or even states rights, but economic racism and bigotry.

The truth is, a person buying a Mercedes from the dealership in the colony is no different than that same person buying it directly from the main dealership in Sacramento.

So, why aren’t these Caucasian “blanket peddlers” on Kietzke Lane protesting car dealerships in South Shore, Stateline and Truckee, and California’s sovereign right to taxation?

The Gazette Journal’s articles on Oct. 21 cites unnamed “several lawmakers” who have asked for an investigation, and directly quotes senior legislator Sen. Bill Raggio, as the lead advocate for this special investigation, supported by Sen. Randolph Townsend of Reno.

Townsend classified the controversy as “very serious,” and alluded to possibly changing the law in 2005.

In essence, what Townsend is saying is that the Mercedes dealership moving into the colony is equivalent to an economic Vietnam for the downtown Reno, and that the catastrophic domino effect that would follow is that the high-end dealership would move 15 minutes away in distant south Reno, leading to a monumental loss of $1 million a month in sales tax.

Sounds like desperate and dire circumstances — I can hear Sen. Raggio on the Senate floor rallying the troops, “best gather round, boys, we better cut those injuns off at the pass.”

But wait a minute, Kemosabe, didn’t Raggio and the boys just pass what the Gazette Journal called an “historic” and “a record state budget” based on Nevada’s largest tax revenue sources — gaming and retail sales — that were higher than projected sums (relied upon by lawmakers in passing a record state budget last summer).

In fact, the combined tax revenues are nearly $16 million ahead of projections. These sales and gambling fee levies amount to at least two-thirds of all state revenues, even accounting for the broadened tax base approved by lawmakers this year after months of debate.

The Gazette Journal compared the car lot controversy to the threat posed by Indian gaming in California, yet no one seemed too upset about the Sundowner closing its doors this December and putting 300 Renoites on the street just in time for Christmas and adding another empty casino in the middle of downtown Reno.

I didn’t hear any saber rattling there, and how many other business, like Sears, Target, Mervyn’s and Wal-Mart, to name a few, who moved to locations in south Reno following the growth pattern, and not because they were being chased by an imaginary Indian war party.

Saying that all this furor regarding this one car dealership is about taxes is like saying the Civil War was fought for black suffrage.

These lawmakers, these “blanket peddlers,” and their practice of economic racism, are no different than their predecessors who sold blankets infected with small pox to the tribes and distributed rotted beef and commodities to the reservations while they grew fat from the profits.

Chairman Melendez and the colony have just as much right as Reno and Mayor have promoting the sale of the Reno Hilton property, or the State of Nevada to seek and pursue economic development to improve the standard and quality of life of the population that they are beholden to. Standards such as health, elder and child care, police and public safety on the colony already lag far behind the very same standards found on the other side of Second and Mill Streets.

The monies generated from these revenues would go to strengthen these institutions, such a projected $12 million Health Center. After all, doesn’t Nevada make the same promises to solicit and entice businesses to leave California’s economic minefield for Nevada’s “greener pastures.” The Web site “Nevada.org,” home site of the Resident Agents of Nevada Inc., touts the slogan “Incorporate in tax free Nevada!” You can find handy instructions, information and links regarding asset protection and tax consideration in what the site calls “the acknowledged corporate capital of the United States.”

On Oct. 8, a mere two weeks before the Gazette Journal’s article, Nevada’s very own Commission on Economic Development approved tax incentives for Steam Turbine Balding & Parts of Douglas County and Spacecraft Components Corporation of Clark County. The official Web site for the commission even has a link titled “Tax Climate” under the heading of “Incentives,” that lists the following: “The outstanding tax climate in Nevada is one of the best reasons to do business in the state. This tax structure also clearly distinguishes Nevada as offering a business environment very few states can match.

In light of all this, what exactly is the Indian Colony doing any different than the state, or any other municipality or county doing? And how again is it offensive or illegal?

In both articles, none of the legislators, Reno nor Nevada officials could point to a valid violation of Nevada Revised Statutes or Administrative Code. In fact, they say and imply that the colony abided by the written agreement. The tribe is not charging any less than what the state charges for sales tax.

So, in reality there isn’t even any competitive incentive offered to cause a buyer to purchase a vehicle from the tribal dealership instead any of the blanket peddlers on Kietzke. This is a stark contrast to incentives offered on the state Web site [listed above].

In short, the injun played by the white man’s rules and did good. Senator Raggio states in the article that the law allowing agreements might have to be reconsidered. Translation: the white man wants to change the rules.

After the writing of this article — which does not reflect the opinion of the Nevada Indian Commission, Governor’s Office, Walker River Paiute Tribe, Reno-Sparks Indian Colony, their officers, employees or members — more than 73 percent of the 254 respondents to the RGJ Biz Poll were in dissent with Sens. Raggio and Townsend.

I hope they are but a minority within the Legislature, and that the majority of the legislators — as well as the governor and attorney general — will not be swayed by the deceitful tactics of a few blanket peddlers.

The Reno Gazette-Journal Business section welcomes your views on our Monday Industry Vista column. Please e-mail your letters to business@rgj.com, fax them to (775) 788-6458, snail mail them to Business section, Reno Gazette-Journal, Box 22000, Reno, NV 89520-2000 or drop them off between 8 a.m. and 5 p.m. weekdays at our office at 955 Kuenzli St. in Reno.

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Joaquin with Public Defender, Rich McCauley at the Pyramid Lake Indian Reservation (2000)

Robert Kennedy once said it is not just bravery under fire or the bravery to make sacrifices, but the bravery to discard the comfort of illusion, to do away with false hopes and alluring promises. I believe this is a great nation and a great people. Any who seek to comfort rather than speak plainly, reassure rather than instruct, promise satisfaction rather than reveal frustration; they deny that greatness and drain that strength.

Printing Instructions

WARNING: DO NOT HIGHLIGHT AND PRINT BLOGS. You are free to copy blogs by Joaquin R Roces. To print, click first on article title (highlighted in orange), the selected article will then reappear on its own. Then you can print the article by using the print menu on your toolbar or navigator. If you print directly from the site, you will print the entire site (52+ pages).

From Algeria to Reno, culture to culture

By Geralda Miller • gmiller@rgj.com • August 16, 2009

FALLEN

Right where it belongs....

Right Where It Belongs by Nine Inch Nails

See the animal in his cage that you built-Are you sure what side you're on?Better not look him too closely in the eyeAre you sure what side of the glass you are on?See the safety of the life you have built;Everything where it belongs.Feel the hollowness inside of your heartAnd it's all...Right where it belongs...

What if everything around youIsn't quite as it seems?What if all the world you think you knowIs an elaborate dream?And if you look at your reflectionIs it all you want it to be?What if you could look right through the cracks?Would you find yourself...Find yourself afraid to see?

What if all the world's inside of your headAre just creations of your own?Your devils and your gods;All the living and the dead;And you're really all alone?You can live in this illusionor you can choose to believe.You keep looking but you can't find the woodsWhile you're hiding in the trees.

What if everything around youIsn't quite as it seems?What if all the world you used to knowIs an elaborate dream?And if you look at your reflectionIs it all you want it to be?What if you could look right through the cracksWould you find yourself...Find yourself afraid to see?

(Nine Inch Nails)

2009 Global Gala

Joaquin Roces with Mrs. Dawn Gibbons, Nevada's First Lady

Community Connections Delegation from Russia

Russian visitors at Pyramid Lake, NV (July 2008)

Shari'a Judges from Jordan, IVLP 2006

Joaquin coordinated a program for Jordanian judges. Pictured above the judges explore Tahoe's western shore on Nov. 11 2006

Joaquin escorted a delegation from Turkmenistan to San Francisco in 2006

Turkmen delegates were here to meet with US Road Safety officials. Joaquin arranged a cultural trip to San Francisco. Here delegates pose with a California surfer.

2008 Open World Delegation from Kazakhstan

Iranian Journalist and visiting Brookings Scholar speaks at University of Nevada Reno

Joaquin guides Najmeh Bozorgmehr around Virginia City (Sept 2006). Najmeh works for Financial Times in Tehran.

2007 Open World Program on Environmental Tourism

Joaquin facilitated a program involving tourism officials from Tajikistan. Here Joaquin is with the program facilitator, Marina Kadyrova, and tourism official, Bakhtiyor Hamdamov.

Tajik delegation visits Pyramid Lake

As part of their cultural experience in Reno, the visitors travelled to the Pyramid Indian Reservation.

Joaquin facilitated a program in which 9 Middle East Journalist covered the Nevada Caucus (Jan. 08)

Joaquin and his sons pose with Moroccan journalist, Amina Koundi, at the home of Washoe Co. Republican Party President Heidi Smith

Democratic Vice Chair, Alison Gaulden, speaks to Mid East press at the Nevada Caucus at Reno High

Alison explains the democratic side of the process. The journalists covered both Republican and Democratic caucuses. Local and international papers covered the event.

Turkish MPs meet with State Assemblywoman Heidi Gansert in 2006

The Turkish parliamentarians visit Nevada's capital and sit in on a legislative session.

Fehmi Oztunc, a Turkish parliamentarian and Khurd, enjoys a meal with Reno teen

Mr. Oztunc at a reception dinner with Joaquin's son, James.

NNIC hosts Sen. Joe Biden at the University of Nevada Reno's campus.

The senator and presidential candidate spoke at the University regarding the future of American foriegn policy. Here Sen. Biden poses with officers of UNR's Model UN Club.

Civic Engagement Project

Progressive Leadership Alliance of Nevada

Civic Engagement Volunteers

Kat Baltierra, Sydney Brown and Amanda Gabbert , TMCC High School seniors, Canvassed over 100 homes on May 3rd 2008 and two special events. To date our volunteers have collected 120 voter registrations and pledges to vote in the Novemeber Elctions. GREAT JOB Everyone!

County Commissioner attends community event

Pledges to vote in November 2008

Kat Baltierra, TMCC High School, Civic Engagement Volunteer

Kat, who is a senior in Ms. Gardner's class at TMCC High School, stated that people were very excited to see young people actively participating in our democratic process and added that people generally had a positive attitude towards the volunteers.

For election 08, youth voter turnout swells

"It's my future," said the young Las Vegas resident. "What I really don't understand is why there aren't more young people here because ... we are the ones who are going to have to live with the problems of the future." - csmonitor.com

To Contact Erik Holland: Erikreno@aol.com

Erik Holland, Voters for Responsible Growth

Erik Holland, with Voters for Responsible Growth, and former candidate for Mayor

Holland pointed out that the Spring Mountain development conflicts with the idea of concentrating growth close to existing development. There also was concern about the cost of providing police, fire and other services to Spring Mountain.

Washoe County Commissioner Bob Larkin

On 3/11/08 conceded that the Spanish Springs area is already "over-allocated" in terms of water needs and usage (qoute provided by PLAN). According to Reno Gazette Journal, Larkin was quoted that imported water would be needed there (Spanish Springs) eventually.

Water won't be shut off to customers of Panther Valley Water Users Association; RGJ Article 3/20/08

Panther Valley is an area in north Reno that is south of the North Virginia Street and U.S. 395 connection. Land uses in the area include both residential and industrial. It is estimated to use 50 million gallons of water. Back payments and allegations of theft almost cut off water services to this area earlier this year.

US Marine Lt. Col. Couch speaks out against torture

Lt. Col. Couch's prepared remarks to the ABA

See Lt. Col. V. Stuart Couch's prepared remarks1 to the American Bar Association's Criminal Justice Section, which on Friday presented him its Minister of Justice Award, given annually to a prosecutor for demonstrating exemplary legal ethics.

British Generals Criticize Rumsfeld

General could be demoted over Tillman death

FORMER SECRETARIES OF STATE ON THE BIDEN-GELB PLAN

Former Secretary of State Madeleine Albright: "[T]he idea of the... constitution of Iraq [as] written, which allows for and mandates, in fact, a great deal of regional autonomy, is appropriate. I think there are certain central powers that a government needs. Some of it has to do with the oil revenue and various other parts. So without endorsing any plan, I do think reality here sets in that there will be regional autonomy."

[W]hen asked about Senator Biden's plan, I have said that, in fact, it is an attempt to keep the country together, which I do believe is what it is about. I'm just talking about in the long run what might happen that we do have to watch out for. But I think it is very clear from my reading of the plan that it is done in order to keep the country together. And I do think that is an essential point. [Senate Foreign Relations Committee Hearing, January 31, 2007]

Former Secretary of State James Baker: "...I was and still am interested in the proposal that Senator Biden and Les Gelb put forward with respect to the idea that ultimately you may end up with three autonomous regions in Iraq, because I was worried that there are indications that that might be happening, in fact, on the ground anyway and, if it is, we ought to be prepared to try and manage the situation. So we have a sentence in our report that says, 'If events were to move irreversibly in this direction, the United States should manage the situation to ameliorate the humanitarian consequences, contain the violence and minimize regional stability." [Senate Foreign Relations Committee Hearing, January 30, 2007]

Former Secretary of State Henry Kissinger: "I'm sympathetic to an outcome that permits large regional autonomy. In fact, I think it is very likely that this will emerge out of the conflict that we are now witnessing."

"If the Iraqis cannot solve the problems that have been described, I've told the Chairman privately, that I thought that this [a federal system in Iraq] was a possible outcome, and at the right moment we should work in the direction that will (inaudible) for maximum stability and for maximum chances of peace." [Senate Foreign Relations Committee Hearing, January 31, 2007]

It is not about the Republican answer or the Democratic answer, but the right answer.

About Me

Joaquin is the grandson of former Congressman Joaquin "Titong" Roces of the Philippines. Grandpa was also a journalist for the Manila Times and served as a Consular General for the Philippine Consulate in Taiwan. Joaquin is also a senior at the University of Nevada Reno majoring in International Affairs with a focus on the Middle East. Joaquin studied French and Russian as well as Arabic. Joaquin also served as a US Marines from 1985-1988 when he was medically discharged for wounds received in the line of duty. He has traveled to the far east, north Africa and Europe. He is a writer and registered artist with the Sierra Arts Foundation, as well as a distinguished member of the International Society of Poets. He has written for the Reno Gazette Journal on Special Assignment. Joaquin has served his home state of Nevada in the public sector under the Governor's office and the Nevada Indian Commission. He has legal professional for the Bureau of Indian Affairs and Northern Nevada's Indian Tribes from 1997-2007. He is a member of The Our Lady of Snows Parish and is active within his faith community. In 2008, he received the Thornton Peace Prize from the University of Nevada Reno.

Arizona

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